PENDER
V.
LUSHINGTON

(1877) JELR 80315 (CA)    
Court of Appeal  ·  2 Mar 1877 ·  United Kingdom
 · 
Other Citations
(1877) Ch. D670.
CORAM
GEORGE JESSEL
Core Terms Beta
shareholders of a company
rights of property
general meeting
opinion of others
assets of the company
majority of shareholders
cases of this kind
member of parliament
companies act
court of law
own name
register of shareholders
such exercise
interests of the company
general meetings
59th article
following observations of lord justice james
vote
lord george jessel
lord justice mellish
purpose of their own interests
votes of persons
shareholder of a company
following words
terms of the companies act
hooper's telegraph works
company hold meetings
first observation
court of morality
question ought
shares
majority of the members
order xvi
only persons
56th section of the articles
present moment
shareholders
such suggestion
right plaintiffs
true meaning of the judgment
direct united states cable company
persons
only means
definition clause
30th section of the companies act
registered member

LORD GEORGE JESSEL (reading the judgment)

In all cases of this kind, where men exercise their rights of property, they exercise their rights from some motive adequate or inadequate, and I have always considered the law to be that those who have the rights of property are entitled to exercise them, whatever their motives may be for such exercise—that is as regards a Court of Law as distinguished from a court of morality or conscience, if such a court exists. I put to Mr. Harrison , as a crucial test, whether, if a landlord had six tenants whose rent was in arrear, and three of them voted in a way he approved of for a member of Parliament, and three did not, the Court could restrain the landlord from distraining on the three who did not, because he did not at the same time distrain on the three who did. He admitted at once that whatever the motive might be, even if it could be proved that the landlord had distrained on them for that reason, that I could not prevent him from distraining b…

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